HILL v. CITY OF SEVEN POINTS

No. 99-41022.

230 F.3d 167 (2000)

Marian HILL, Plaintiff-Appellee, v. CITY OF SEVEN POINTS; et al., Defendants, City of Seven Points; Teresa Drum, Individually and in official capacity; Roger Allen, Individually and in official capacity; C. W. Daniel, Individually and in official capacity; Randy Whitehurst, Individually and in official capacity; Annie Longacre, Individually and in official capacity; Tommie Taylor, Individually and in official capacity; Don Allsup, Individually and in official capacity; Mary Reid, Individually and in official capacity; Marie Davis, Individually and in official capacity; Lynn Clowdus, Individually and in official capacity; Forest Everitt, Individually and in official capacity; Claudett Allsup, Individually and in official capacity; Gerald Taylor, Individually and in official capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 11, 2000.


Attorney(s) appearing for the Case

Julia Johnson Henry, Case, Carter, Salyers & Henry, Dallas, TX, for Plaintiff-Appellee.

Earl Glenn Thames, Jr., Jay Nelson Green, Potter, Minton, Roberts, Davis & Jones, Tyler, TX, for Defendants-Appellants.

Before BARKSDALE and BENAVIDES, Circuit Judges, and VELA, District Judge.


RHESA HAWKINS BARKSDALE, Circuit Judge:

This appeal is from a magistrate judge's denial of Appellants' summary judgment motion based on the defenses of absolute, qualified, and sovereign immunity. Pursuant to 28 U.S.C. § 636(c)(1), the parties consented to proceed to final judgment before the magistrate judge; however, the order of reference included in the consent form lacks the signature of the district judge. Because we are unsure whether, absent that signature...

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